WEBVTT ROB: KETV NEWSWATCH 7'S SARAHFILI IS LIVE TONIGHT WITH THEBIG STORY, SARAH.SARAH: ROB, JULIE I'M AT COUNCILBLUFFS CITY HALL WHERE CITYATTORNEY RICHARD WADE WILL GO INFRONT OF THE CITY COUNCIL ATTONIGHT'S MEETING, HE'LL OUTLINEA POTENTIAL LAW SUIT TO TRY ANDSTOP THAT NEBRASKA PONCA TRIBECASINO, ADDING ANOTHER LAYER TOTHE ALREADY DECADE LONG FIGHT.NEARLY TWO WEEKS SINCE THE PONCATRIBE OF NEBRASKA'SANNOUNCEMENT, LEGAL TEAMS AREREADY TO TAKE THE CASINO BATTLEBACK TO THE COURTS.COUNCIL BLUFFS CITY ATTORNEYRICHARD WADE TELLING ME MONDAY,AN AGREEMENT NEARLY A DECADE AGOBETWEEN IOWA AND THE PONCA TRIBEMAY VOID THE INDIAN GAMINGCOMMISSIONS'S DECISION.>> WHEN THE PONCAS WANTED TOHAVE THIS LAND PUT INTO TRUST ITWAS CLEAR IT WAS GOING TO USED FOR A CLINIC TO PROVIDE FORTHE MEDICAL NEEDS OF THE TRIBESARAH: THE LAND, OFF ABBOT DRIVEIN CARTER LAKE HAS BEEN APPROVEDFOR A CASINO.BUT COUNCIL BLUFFS OFFICIALSCOULD FILE A LAWSUIT, CLAMINGTHE ORIGINAL AGREEMENT SHOULDSTAND.PONCA CHAIRMAN LARRY WRIGHT JRSAYING THE COMMISSION REVIEWEDALL THE DOCUMENTS, IN DETAIL.>> WE'RE CONFIDENT THAT THENATIONAL INDIAN GAMINGCOMMISSION, THE DEPARTMENT OFTHE INTERIOR, THE DEPARTMENT OFJUSTICE HAVE ALL THOROUGLLYVETTED THIS ISSUSARAH: CITY OFFICIALS ALSO ARGUETHE PONCA CASINO WILL HAVE ANUNFAIR ADVANTAGE OVER THOSEALREADY IN COUNCIL BLUFFS.>> THEY WOULD NOT BE SUBJECT TOTHE IOWA GAMING TAX, THEY WOULDNOT BE SUBJECT TO PROPERTYTAXES.SARAH: INCOMING CARTER LAKEMAYOR RON CUMBERLEDGE SATYS THEY-- SAYS THEY HAVE AN AGREEMENTWITH THE PONCA TRIBE.>> THEY AGREED TO SIGN PILOTAGREEMENT, PAYMENT IN LEIU OFTAXES, AND BE A PART OF THISCOMMUNITY AND HELP US MOVEFORWARD.SARAH: THE TRIBAL LEADER, SAYINGHE THINKS COUNCIL BLUFFS ISWORRIED ABOUT WHO WILL GET THEGAMING ACTION.>> WE'RE GOING TO BECOMPETITION, I THINK THAT'S PARTOF THE ISSUE.SARAH: I ALSO SPOKE WITH CURRENTCARTER LAKE MAYOR JERRY WALTRIPWHO IS IN FAVOR OF THE PONCACASINO.TRIBAL LEADERS SAY THEY'REDISAPPOINTED IN THE TALKS OF ALAWSUIT, BUT WILL MOVE FORWARD

It has been two weeks since the Ponca Tribe of Nebraska announced that the Indian Gaming Commission had approved a casino to be built on its land in Carter Lake, Iowa. Legal teams are ready to take the casino battle back to the courts.

Council Bluffs City Attorney Richard Wade said an agreement nearly a decade ago between Iowa and the Ponca Tribe may void the Indian Gaming Commission’s decision.

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“When the Poncas wanted to have this land put into trust, it was clear it was going to be used for a clinic to provide for the medical needs of the tribe,” Wade said.

The tribe, he said, overturned that agreement because the lawyer representing them did not get permission before signing the documents.

"Restrictions were not effective because the tribe did not specifically authorize them,” Wade said. “And that the attorney representing them did not have the authority to bind the council in that way."

The land, off Abbott Drive in Carter Lake, has been approved for a casino.

But Council Bluffs officials could file a lawsuit, claiming the original agreement should stand.

Ponca Chairman Larry Wright Jr. said the commission reviewed all the documents in detail.

“We’re confident that the National Indian Gaming Commission, the Department of the Interior, the Department of Justice have all thoroughly vetted this issue,” he said.

City officials also argue the Ponca casino will have an unfair advantage over those already in Council Bluffs.

“They would not be subject to the Iowa gaming tax and they would not be subject to property taxes,” Wade said.

Incoming Carter Lake Mayor Ron Cumberledge said the city has an agreement with the Ponca Tribe.

“They agreed to sign a PILOT agreement, payment in lieu of taxes, and be a part of this community and help us move forward,” he said.

The tribal leader said he thinks Council Bluffs is worried about who will get the gaming action.

“We’re going to be competition, I think that's part of the issue,” Wright Jr. said.